Scottish woman says she was violated by justice system

In a damning indictment of Scottish justice, a woman who was raped then 'violated again and again and again' by the justice system has warned that she would not report another rape and could not encourage future victims to do so.

In a unique document published today by Edinburgh Rape Crisis Centre, which supported her, she says she was treated like a piece of meat during forensic examination, and that the court allowed the defence to bully her and try to break her.

The woman, a medical professional in her forties, has told her story to highlight the injustice and hostility that women who are raped in Scotland endure routinely in the High Court, and hopes to influence change.

She was raped in Edinburgh after a night out. While friends left in taxis, hers failed to appear and she started to walk, but was attacked and raped.

A member of a caring profession, in her 40s, she is warm, well-dressed, softly spoken and articulate, and was told hers was a strong case of 'stranger rape'.

Yet her attacker, a married man, was cleared on a not proven verdict by the jury after his female counsel produced a vigorous and aggressive defence of her client.

The devastating account, detailing the woman's experience and emotions from the moment she was raped to the gut-wrenching conclusion of the court case a year later, will be available on the ERCC website from today. A paper copy has been sent to official bodies.

The 30-page document, A Woman's Story, reveals that:

She would not report being raped again and would not encourage anyone else to do so;

She felt violated by her hostile treatment in court, and isolated by the failure of the judge or prosecutor to intervene;

She felt like a piece of meat when two male medics carried out a forensic medical examination within hours of the rape;

Her statement was taken by an unsympathetic female police officer who asked her curtly why she had not shouted during the rape;

She found the advocate depute who prosecuted her case to be condescending at a meeting she requested to try to understand why the case had failed.

Police Scotland and the Crown Office will be alarmed by her criticism and her conclusion that she would not report another rape, or encourage another woman to do so.

Last week it emerged that only an estimated one in six rapes in Scotland is reported, yet the figure for rapes reported to police reached an all-time high 1,901 in the year 2014-2015, up 5% on the previous year.

Although the police claim a clear-up rate of 74%, fewer than 15% of all reported rapes make it to court.

Some 46% of rape prosecutions ended in convictions last year, up on 41% the previous year, but the figures represented just 6.5% and 5% respectively against reports to police.

Not proven was the outcome in 1.1% of all prosecutions, but 18.5% of rape trials, almost one in five.

Scotland's justice secretary, Michael Matheson, said the treatment endured by the woman had been unacceptable.

He added: "Improvements have been made in recent years, but this account makes it clear there is work to do.

"I'm grateful that she has shared her experience. It underlines that the Scottish Government needs to take further action to improve the way victims of sexual offences are treated by the justice system.

"I would be happy to meet with her to hear what further measures she believes we should take to ensure that other women don't have a similar experience."

The Judicial Office, which speaks for Scotland's judges, declined to comment on the failure of the judge to protect the woman in court.

But in a recent appeal judgment by Lord Carloway, now Lord President, he condemned the aggressive and hostile cross-examination of a rape victim.

By coincidence, he echoed the view taken by the woman in the Edinburgh case that the tactic had been designed to break the victim.

Caroline Burrell, director of ERCC, said the woman was sharing her story "in the sincere hope that it can contribute to making a difference to the experiences of other individuals affected by sexual violence."

Sandy Brindley, national co-ordinator of Rape Crisis Scotland, said: "It remains the case that many women tell us of how traumatic the justice process is, particularly giving evidence in court.

"Much more can be done to improve people's experience throughout the process. The very least we can do is provide female doctors to carry out forensic examinations."

A Crown Office spokesperson said: "We welcome the feedback provided and would be happy to meet with this woman to identify any further improvements to our service."

Police Scotland Assistant Chief Constable Malcolm Graham said: "I have spoken to the author of this report and wish to thank her for sharing her experience. Powerful evidence like this helps to shape and continually improve our service.

"Police Scotland's Sexual Offences Liaison Officers go through enhanced interview training with an emphasis on treating people with empathy. Since last year, SOLO training includes the impact of trauma on individuals.

"Victims of sexual crime can be confident that we will listen to them and investigate their report thoroughly, no matter how much time has passed."